Revocation of Gift/Hiba/Tamleek under Pakistani laws.part 01

Revocation /cancellation of Gift/Hiba/Tamleek under Pakistani laws.part 01LATEST JUDGMENTS OF SUPREME COURT: GIFT OR HIBBA
2018 PLD 698 SUPREME-COURT
Essential requirement-Proof-Three ingredients of a valid Gift included declaration/offer by the donor; acceptance of Gift by the donee; and, delivery of possession under the Gift -Declaration of Gift and delivery of possession had to be established through independent evidence.
2018 PLD 698 SUPREME-COURT
Art. 79, proviso-Gift deed-Proof of execution of document required by law to be attested-Proviso to the Art.79 of Qanun-e-Shahadat, 1984-Scope-Said proviso relaxed the requirement of calling the two attesting witnesses to prove the execution of the document, if the document was duly registered in accordance with the provisions of Registration Act, 1908 and its execution was not specifically denied-Party was relieved of the duty of calling the two witnesses but not from the duty of proving the execution of the registered document-Effect of the proviso to Art.79 was that the due execution and attestation of the Gift deed would have to be proved, although it may be proved by calling a person other than an attesting witness-Such relaxation was pillared on an important assumption that the execution of the document was not denied-Denail of the execution of the document was not limited to the executant alone but was open to any party to the suit that was affected by the said document.
2018 CLC 1535
Gift -Ingredients-Gift was transfer of property or right by one person to another-Essentials of Gift were declaration by the donor, acceptance of Gift by the donee and delivery of possession of subject matter of Gift to donee.
2018 SCMR 139 SUPREME-COURT
possession -Mere transfer of possession to donee was not sufficient to constitute a valid Gift under the law.
2016 SCMR 910 SUPREME-COURT
Mutation-Proof-Purported Gift deed not in possession of purported donee-Purported donor and donee not appearing before revenue official for recording alleged Gift in register of mutation-Circumstances under which alleged Gift deed was lost and subsequently recovered not explained-Alleged arrangement/understanding between purported donee and other legal heirs whereby subject land was transferred to all legal heirs as an interim measure till the alleged Gift deed was found was not supported either by documentary evidence or revenue record-Legal heirs were not obliged under law to accede to request of purported donee to transfer the entire subject land to him, nor their denial to oblige could be deemed to be a denial/infringement of any legal or contractual right of the purported donee-Plaint was rightly rejected in such .2019 CLC 309
Following are the conditions for revocation of gift.
(1) A gift may be revoked by the donor at any time before delivery of possession. The reason is that before delivery there is no completed gift at all.
(2) Subject to the provision of subsection (4), a gift may be revoked even after delivery of possession except in the following cases--
(a) when the gift is made by a husband to his wife or by wife to her husband;
(b) when the donee is related to the donor within the prohibited degrees;
(c) when the donee is dead;
(d) when the thing given has passed out of the donee's possession by sale, gift or otherwise;
(e) when the thing given is lost or destroyed;
(f) when the thing given has increased in value, whatever, be the cause of the increase;
(g) when the thing given is so changed that it cannot be identified, as when wheat is converted into flour by grinding;
(h) when the donor has received something in exchange (iwaz) for the gift.
(3) A gift may be revoked by the donor, but not by his heirs after his death. It is the donor's law that will apply to a revocation and not of the donee.
(4) Once possession is delivered, nothing short of a decree of the Court is sufficient to revoke the gift. Neither a declaration of revocation by the donor nor even to revoke the gift."
Donor can revoke the gift at any time before delivery of possession and if the possession is delivered then the donor can only revoke the gift through a decree of the court. Muhammadan Law by Mulla, para 167 quoted.